An Obligation Of Duty Between A Corporation And An Individual

Good Essays
What conditions create an obligation of duty between a corporation and an individual, and at what point, does one have the right to hold a corporation negligent?
Duty- a) Reasonable Person Standard: Members of society have to behave so as to avoid unreasonable risk or harm to others, b) Reasonable Foreseeability of Harm: The concept that a reasonable person acts to avoid reasonably foreseeable risks of harm to others.
Negligence- “Conduct that falls below the standards of behavior established by the law for the protection of others against unreasonable risk to harm” (Dictionary).
Prima Facie- A set of requirements that must be met to be successful in a negligence claim. These points include: 1) The existence of a duty, 2) the breaching of a duty, 3) causation (actual & proximate), and 4) the suffering of an injury.
Actual Cause- “A factor without which the result in question could not happen” (Cornell).
Proximate Cause: “An event closest to, or immediately responsible for causing, some observed result” (Cornell).
Duty Application[s]:
The first step in this case is to determine if a duty existed between Citywide and Mr. Jetson. Established in prior cases of negligence , the courts have the power to determine the question of duty, through the use of three factors: 1) relationship, 2) foreseeable harm, and 3) public policy concerns.
While Citywide can argue that no duty existed between the two parties based upon the fact that Mr. Jetson was not a patron
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